Contracts with fiscal agents must—

1. (a) Meet the requirements of § 434.6;

2. (b) Include termination procedures that require the contractors to supply promptly all material necessary for continued operation of payment and related systems. This material includes—

   1. (1) Computer programs;
   2. (2) Data files;
   3. (3) User and operation manuals, and other documentation;
   4. (4) System and program documentation; and
   5. (5) Training programs for Medicaid agency staff, their agents or designated representatives in the operation and maintenance of the system;

3. (c) Offer to the State one or both of the following options, if the fiscal agent or the fiscal agent's subcontractor has a proprietary right to material specified in paragraph (b) of this section:

   1. (1) Purchasing the material; or
   2. (2) Purchasing the use of the material through leasing or other means; and
4. (d) State that payment to providers will be made in accordance with part 447 of this chapter.